LONDON BOROUGH OF TOWER HAMLETS

MINUTES OF THE Overview & Scrutiny Committee

HELD AT 6.32 p.m. ON Monday, 24 May 2021

Committee Room One - Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG

Members Present:
Councillor Mohammed Pappu (Chair)*
Councillor Bex White*	Scrutiny Lead for Children & Education
Councillor Faroque Ahmed	Scrutiny Lead for Community Safety & Environment
Councillor Marc Francis
Councillor Ehtasham Haque	Scrutiny Lead for Housing & Regeneration
Councillor Denise Jones
Councillor Gabriela Salva Macallan*	Scrutiny Lead for Health & Adults
Councillor Leema Qureshi	Scrutiny Lead for Resources & Finance
Councillor Andrew Wood*
Co-opted Members Present:
Halima Islam	Co-Optee
James Wilson	Co-Optee
*Members present in person and able to vote. (Remaining Members attended from remote locations).

Other Councillors Present:
Councillor Asama Begum
Councillor Mufeedah Bustin
Councillor Sirajul Islam
Councillor Puru Miah

Officers Present:
Sharon Godman Afazul Hoque Daniel Kerr	(Director, Strategy, Improvement and Transformation)
(Head of Corporate Strategy & Policy)
(Strategy and Policy Manager)
David Knight	(Democratic Services Officer, Committees, Governance)
Matthew Mannion	(Head of Democratic Services, Governance)

APOLOGIES FOR ABSENCE

No apologies for absence were received at the meeting.

DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST AND OTHER INTERESTS

The following Members for transparency declared a potential interest in relation to Item 9 Pre-Decision Scrutiny Questions:

Councillor Marc Francis due to his wife Councillor Rachel Blake being the Deputy Mayor and Cabinet Member for Adults, Health and Wellbeing; and

Councillor Ehtasham Haque due to wife Councillor Sabina Akhtar being the Cabinet Member for Culture, Arts and Brexit.

UNRESTRICTED MINUTES

26th April 2021

The Chair Moved and it was:-

RESOLVED

That the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 26th April 2021 be approved as a correct record of the proceedings and the Chair was authorised to sign them accordingly.

REQUESTS TO SUBMIT PETITIONS

Nil items

FORTHCOMING DECISIONS

Noted

APPOINTMENT OF SCRUTINY LEAD MEMBERS AND ESTABLISHMENT OF SUB-COMMITTEES FOR 2021-21

The Committee received a report regarding the establishment of the Scrutiny Sub-Committees and Appointment of Members to those Sub-Committees.

As a result of discussions on the report the Chair moved and it was RESOLVED:

That the appointment of the Vice-Chair of the Committee should be deferred to a future meeting.

That the Scrutiny Lead for:

Children & Education would be Councillor Bex White.

Health & Adults would be Councillor Gabriela Salva-Macallan.

Housing & Regeneration would be Councillor Ehtasham Haque.

Resources & Finance would be Councillor Leema Omar Qureshi; and

Community Safety & Environment would be Councillor Faroque Ahmed.

To note that establishment of the scrutiny sub-committees as set out in the report.

To approve the nominations for members for the scrutiny sub-committees.

To note the terms of reference of the Committee and agree the terms of reference for the scrutiny sub committees as set out in the report; and

To note the co-optee requirements for education in accordance with legislation, as set out in the report and the wider co-option arrangements for scrutiny at Tower Hamlets, as set out in the report.

UNRESTRICTED REPORTS 'CALLED IN'

Call-In Black, Asian & Minority Ethnic Inequalities Commission Report

The Committee noted that the Cabinet on 24th March 2021 had considered a report from the Black, Asian & Minority Ethnic (BAME) Inequalities Commission and had RESOLVED to note the work that the Commission has undertaken during the four-month period and agreed the recommendations as set out in the report. This decision however had been ‘Called-In’ by Councillor Puru Miah (signed also by Councillors Peter Gold; Rabina Khan; Harun Miah and Andrew Wood). The main points raised as result of the questioning may be summarised as follows:

The Committee noted the:

Cabinet report,

Cabinet Decision of the 24th March 2021

“call in” requisition from the Call-in Members,

representations by the Call-in Members, and

representations by the Executive.

In addition, it was noted that in accordance with the OSC Protocols and Guidance adopted by the Committee at its meeting on 4th June 2013, any Committee Member(s) who present(s) the “Call In” is (are) not eligible to participate in the general debate.

Summary of the Call-in:

The Committee:

Noted that the Call-In Members had made two proposals (i) for Mayor and Cabinet not to just note the report, but instead to have it translated into community languages and produced in a non-digital format which should then be distributed in places like Ideas stores and GP surgeries. Then put out to further consultation for a six-month period; and (ii) for an independent panel to be formed to investigate the allegations of racial discrimination made to the Commission and for the panel to report its finding to the full council.

Observed that the decision was considered by the Call-In Members to be in breach of Tower Hamlets Council’s common law duty and statutory duties under the law. As when the BAME Inequalities Report had been launched in October 2020, one of its stated aims had been to “engage and operate at the heart of the LBTH communities to hear about people’s lived experience and solutions, specifically Black, Asian and Minority Ethnic women and young people who experience higher levels of inequality”. Therefore, the Call-In Members felt that residents had a legitimate expectation for the Council to keep its promise and to consult them fairly, or allow BAME residents, the proper means to engage with the Commission.

Noted that the Call-In Members felt that the Council had breached its statutory duties, in particular, the Public Sector Equalities Duty as set out in s.149 of the Equalities Act 2010. This was by inadequately providing the means for BAME residents to engage with the commission and consultation, the Council had therefore failed in its Public Sector Equalities Duties. As the Council in its consultation and engagement with the Commission and report had apparently failed to give due regards to the needs of BAME residents.

Noted that the Call-In Members considered that the decision to note the report within a week of its publication by the Mayor and Cabinet, when adequately not enabling BAME residents to engage with the Commission or its consultation goes against the stated object of the report. The Call-In Members also felt that it is unreasonable for the Mayor and Cabinet to believe that less than a one-week period is satisfactory to gather views on a report that had taken five months to formulate.

Observed that although serious allegations of discriminations had been made to the Commissioners, the Mayor and Cabinet had not applied the MacPherson principles in treating the allegations as racist incidents and investigating them. This was felt by the Call-In Members had left the Council open to the charge of an apparent cover-up, by failing to investigate adequately allegations of racial discrimination.

Noted that according to the Call-In Members the Commission had not kept to that promise in regard to consultation and engagement of BAME residents with the commission or the report. For example (a) All the consultations were conducted online in a Borough with high levels of data poverty, which it was felt disproportionately affects the BAME residents; (b) No translations were provided in a consultation aimed at BAME residents, many of whom have difficulties with the English language.

Summary of the Executives response

The Committee

Noted that LBTH had actively reached out to communities through third sector; and partner agencies including help from these agencies the facilitation of translating the consultation documents. Also the Lead Member indicated that she was very happy to discuss any concerns raised with the Call-In Members.

Recognised that the Commission had, had to undertake its work during the exceptional circumstances created by the coronavirus pandemic and it was accepted as relevant to the way that the consultation had been conducted.

Noted that achieving true equality in LBTH is not a feat the Council can achieve alone and the collective efforts of all partners is critical in ensuring the successful implementation of these recommendations. The Commission therefore had recommended that a subgroup of the Tower Hamlets Partnership Executive Group should be established to lead on delivery of the recommendations and work with.

Observed that the Commission had adopted a bottom up approach whereby they had gathered together a range of groups/agencies with a shared common interest on the issues under consideration and who had taken part in a series of interactive discussions. These groups it was noted had helped to give the Commission an appreciation of how residents felt, about their lived experience and what they felt were possible solutions.

Noted that much of the evidence gathered by the Commission had suggested that institutional and structural racism is a key barrier in accessing services and progression in life and employment.

Understood that the recommendations set out in the report will be delivered through the Tower Hamlets Partnership Executive Group. The Council will assume a lead role and will act as a facilitator to engage and support partners in both the public and private sector to respond to these recommendations.

Summary of Committee discussion

The Committee:

Recognised that the report provides recommendations to improve the inequalities of local BAME Communities. It highlighted a number of areas where the Borough’s BAME communities are experiencing poorer outcomes including in the areas of employment, health, and community leadership. However, although the Committee had reservations about how the work the Commission had been undertaken it felt that if the recommendations from the Commission were not taken forward now it would mean that there would be delays in (i) addressing the inequalities currently facing the local BAME communities in the Borough; (ii) investigating the allegations of racial discrimination made to the Commissioners; and (iii) making those radical changes required to the close inequality gaps by advancing opportunities and ensuring the experience of racism within structures and institutions is eradicated.

Indicated that whilst it was clear that there has been significant progress in the Borough, the Committee had reservations about the slow pace of change which it was felt that had not been either (a) quick; or (b) radical enough.

Indicated that they considered that this was an ongoing piece of work to (i) build that element of trust between the Council, it’s partners and the communities that they seek to serve; and (ii) address the allegations of racial discriminations that had been made to the Commissioners.

As a result of a full and wide-ranging discussion the Committee moved to the vote and Councillors Gabriela Salva Macallan; Bex White and Mohammed Pappu RESOLVED that whilst the decision was to be reaffirmed.

a paper would be produced on what concerns of discrimination were raised and how the Council had responded, and

an update report on the progress of the action plan would be brought back to the Committee to review later in the year.

Finally, the Chair also thanked all those in attendance for their time and participating in this process.

UNRESTRICTED REPORTS FOR CONSIDERATION

Air Quality Challenge Session

The Committee received a report in relation to the Challenge Session which had examined the Council’s commitments to air quality and made a number of recommendations for members consideration. The main points raised as result of the questioning on the report may be summarised as follows: The Committee: Was informed that the Challenge Session, chaired by Councillor Faroque Ahmed, Scrutiny Lead for Environment and Community Safety, had taken place on 30th March 2021. In light of the ongoing COVID-19 pandemic, the challenge session was held virtually in order to comply with the Government’s requirements for social distancing. Noted that the Challenge Session had resulted in the development of a number of recommendations including that the Council should set up more air quality monitoring stations in key areas including around construction sites, by prioritising funding of air quality monitoring in future capital programmes so that it is proactive in collecting long-term accurate live air quality data from all parts of the Borough not just certain sites; and to make monitoring data more accessible so residents are better informed to make decisions and promote behavioural change. Commented that the Council needed to identify existing air quality measures in the current capital programme and prioritise them for delivery, such as EV charging points. Stated that there should be a more ambitious programme in regard to the installation of EV charging points as this is also likely to encourage further uptake of electric vehicles. As a key deterrent in the purchase of EV’s is the inconvenience of charging and so this would demonstrate an ideal solution to this concern. Commented that with the Government announcing all cars sold by 2030 are to be electric, the demand for more convenient charging stations that suit drivers’ lifestyles is only going to increase. Therefore, it was important to identify new locations for installing charging points. Indicated that it wished to receive an update from the relevant Chief Officers on the current situation and what has been done to (i) monitor the environment, (ii) controlling emissions; and (iii) what enforcement action is being taken.

Recommendations: The Overview and Scrutiny Committee is recommended to:
Noted the attached Environment and Community Safety Scrutiny Challenge Session Report and agreed the recommendations; and Agreed to submit the attached report to the Mayor and Cabinet for executive response.

Improvement Plan

The Committee received a report that summarised the Committee’s work in reviewing the scrutiny function in Tower Hamlets and submits an Improvement Plan to implement a range of actions in 2021-22 to improve and enhance scrutiny. The main points raised as result of the questioning may be summarised as follows: The Committee: Noted that from March to April 2021, scrutiny officers had run a survey for scrutiny members, executive members, and non-executive members as part of a health check on scrutiny to help evaluate the effectiveness and impact of overview and scrutiny for 2020-21, as well help to inform areas for improvement for the next municipal year. The survey had also been sent to officers involved in scrutiny throughout the year, for their feedback. Noted that there had been two away-days in April 2021 to reflect on the achievements of scrutiny over the municipal year, and to formulate improvements that could build upon scrutiny’s success. Noted that the survey and the away days had formed the basis for the development of an Improvement Plan for 2021-22 (Attachment as appendix 1 to the report). The Improvement Plan had suggested actions to implement in seven areas of the scrutiny function at Tower Hamlets as detailed within the report. Commented that the monitoring service delivery and achievement against targets to ensuring best value or value for money (VFM) in all that the Council does is not as consistent as it should be and therefore needs to the subject of closer oversight by the Committee.

As a result of discussions on this report the Committee Resolved to:
Note the activity undertaken by the 2020-21 Overview and Scrutiny Committee to understand the strengths and weaknesses of scrutiny at Tower Hamlets: and Agree to implement the draft Improvement Plan for 2021-22. Agree for the Overview & Scrutiny Chair to make further amendments to the Improvement Plan

PRE-DECISION SCRUTINY OF UNRESTRICTED CABINET PAPERS

Following comments by the Committee the Pre-Decision Scrutiny Questions (PDSQ) were agreed for submission to the Cabinet on the 26th May 2021 (See attached appendix).

ANY OTHER UNRESTRICTED BUSINESS WHICH THE CHAIR CONSIDERS TO BE URGENT

Nil items

EXCLUSION OF THE PRESS AND PUBLIC

As the agenda circulated contained no exempt/ confidential reports and

there was therefore no requirement to exclude the press and public to allow

for its consideration.

PRE-DECISION SCRUTINY OF EXEMPT/ CONFIDENTIAL) CABINET PAPERS

Nil item

ANY OTHER EXEMPT/ CONFIDENTIAL BUSINESS THAT THE CHAIR CONSIDERS URGENT

Nil items

The meeting ended at 8.33 p.m.

Chair, Councillor Mohammed Pappu

Overview & Scrutiny Committee